Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided herein.
Appears in 14 contracts
Sources: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp)
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Lockbox Account Bank and Lockbox Cash Management Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided hereinLender.
Appears in 3 contracts
Sources: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.), Loan Agreement (Netreit, Inc.)
Sole Dominion and Control. Borrower acknowledges and agrees Operating Lessee acknowledge and agree that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and Borrower and Operating Lessee shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided herein.
Appears in 3 contracts
Sources: Loan Facility Agreement (Felcor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc)
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts Clearing Account and Deposit Account are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Clearing Account Bank and Lockbox Deposit Account Bank, subject to the terms hereof, including, without limitation, the provisions of Section 11.2 hereof; and Borrower shall have no right of withdrawal with respect to any Account such account except with the prior written consent of Lender or as otherwise provided herein.
Appears in 2 contracts
Sources: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)
Sole Dominion and Control. Borrower acknowledges and agrees Manager acknowledge and agree that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and . Neither Borrower nor Manager shall have no any right of withdrawal with respect to any Account except with the prior written consent of Lender. Lender shall have the right to control the disposition of funds in the Accounts, subject to the terms of this Agreement, without the further consent of Borrower or as otherwise provided hereinManager or any other person or entity.
Appears in 2 contracts
Sources: Cash Management Agreement, Cash Management Agreement (Supertel Hospitality Inc)
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided hereinAccount.
Appears in 2 contracts
Sources: Loan Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Loan Agreement (Cole Credit Property Trust Iv, Inc.)
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; , and Borrower shall have no right of withdrawal with respect to any Account except Account; provided, however, Borrower shall have the right to obtain disbursements from the Accounts in accordance with the prior written consent terms of Lender or as otherwise provided hereinthis Agreement.
Appears in 1 contract
Sole Dominion and Control. Borrower each acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Clearing Account Bank and Lockbox Cash Management Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided hereinin the Loan Documents.
Appears in 1 contract
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, dominion and control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof, the Collection Account Agreement and the Lockbox Agreement; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise may be provided herein, in the Collection Account Agreement or in the Lockbox Agreement.
Appears in 1 contract
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox BankServicer, subject to the terms hereof; and . Other than disbursements to Borrower authorized under Section 3.5(h), Borrower shall not have no the right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided hereinLender.
Appears in 1 contract
Sole Dominion and Control. Borrower acknowledges Borrowers acknowledge and agrees agree that the Accounts, including, without limitation, the Property Accounts and the Lockbox Account, are subject to the sole dominion, control and discretion of LenderAdministrative Agent, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and Borrower that Borrowers shall have no right of withdrawal with respect to any Account Account, except with the prior written consent of Lender or as otherwise provided hereinAdministrative Agent.
Appears in 1 contract
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank Agent and Lockbox BankServicer, subject to the terms hereof; hereof and of the Loan Agreement. Except as set forth herein or in the Loan Agreement to the contrary, neither Borrower nor Manager shall have no the right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise Lender, which consent shall be granted provided hereinthat all the procedures and requirements set forth in the Loan Agreement for such request have been satisfied.
Appears in 1 contract
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and the Lockbox Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided herein.
Appears in 1 contract
Sole Dominion and Control. Borrower ▇▇▇▇▇▇▇▇ acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Lockbox Bank and Lockbox Cash Management Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided herein▇▇▇▇▇▇.
Appears in 1 contract
Sources: Loan Agreement (CaliberCos Inc.)
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox BankAgent, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided herein.
Appears in 1 contract
Sole Dominion and Control. Borrower acknowledges and agrees Operating Lessee acknowledge and agree that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including each Property Account Bank and Lockbox Bank, subject to the terms hereof; and Borrower and Operating Lessee shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided herein.
Appears in 1 contract
Sole Dominion and Control. Borrower acknowledges and agrees Operating Tenant agree that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and . Neither Borrower nor Manager shall have no any right of withdrawal with respect to any Account except as provided in this Agreement or with the prior written consent of Lender. Lender shall have the right to control the disposition of funds in the Accounts, subject to the terms of this Agreement and the Loan Agreement, without the further consent of Borrower, Operating Tenant or as otherwise provided hereinManager or any other person or entity.
Appears in 1 contract
Sources: Cash Management Agreement (Condor Hospitality Trust, Inc.)
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are shall be subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and . Neither Borrower nor any Manager shall have no the right of withdrawal with respect to any Account except as otherwise expressly provided in this Agreement. Lender’s security interest in the Sub-Account, including all sub-accounts thereof, shall be perfected by Lender’s control of the Sub-Account in accordance with the prior written consent of Lender or as otherwise provided hereinUCC.
Appears in 1 contract
Sole Dominion and Control. Borrower acknowledges and agrees ------------------------- that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided herein.
Appears in 1 contract
Sole Dominion and Control. Borrower ▇▇▇▇▇▇▇▇ acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Lockbox Bank and Lockbox Cash Management Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided hereinherein or in any other Loan Document.
Appears in 1 contract
Sources: Loan Agreement (SITE Centers Corp.)
Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; , and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided hereinAccount.
Appears in 1 contract
Sources: Loan Agreement (AmREIT, Inc.)